Section 80: Warrant forwarded for execution outside jurisdiction
Section 80 of the Bhartiya Nagarik Suraksha Sanhita, 2023 provides that when a court has to execute a warrant outside its jurisdiction, it can forward the warrant to the local authority within the jurisdiction where the warrant is to be executed. The warrant shall be transmitted to a local authority for such purposes, such as forwarding the same to an Executive Magistrate, or the District Superintendent of Police, or the Commissioner of Police, for its execution in that area. The result would be efficient execution by a local authority which possesses the appropriate jurisdictional competence to oversee the concerned area.
When the warrant is issued, the local authority should endorse their name on the warrant. This endorsement affirms that the local officer has the mandate to execute the warrant. The local authority should also ensure that the warrant is executed within the law procedures, and thus, maintains the integrity of the process.
The issuing court must also provide a summary of the information about the person to be arrested, including all other relevant information that may be useful in evaluating the person's suitability for bail, in addition to the warrant itself.
The BNSS has highlighted the safeguarding of personal liberties, especially in the case of warrant execution outside jurisdiction, under Articles 21 and 22(1) of the Indian Constitution. The constitutional provisions of Articles 21 and 22(1) protect the right to personal liberty and procedural protection against arbitrary detention.
It provides a person arrested under warrants executed out of the original jurisdiction a fair hearing on bail. The requirement for relevant information, such as the eligibility details regarding bail, to be forwarded with a warrant would enable the local authorities to take the same informed decisions relating to the arrestee's bail status, thus ensuring fairness in the procedure.
